First National Bank of Louisville v. Loretta Lustig, Fidelity & Deposit Co. Of Maryland

DUHÉ, Circuit Judge:

A lender sued a savings and loan association (“S & L”) and its fidelity insurer for losses resulting from the dishonesty of an S & L employee. The insurer moved to dismiss on the basis that no direct action lies against it for the asserted claim. The district court granted the motion to dismiss and directed the entry of final judgment under Federal Rule of Civil Procedure 54(b). Plaintiff appeals and asks that we certify to the Louisiana Supreme Court the question whether it may sue the insurer directly under the Louisiana direct action statute, La.Rev.Stat. § 22:655. For…